Page:United States Statutes at Large Volume 124.djvu/3804

124 STAT. 3778 PUBLIC LAW 111–350—JAN. 4, 2011 (4) in the case of the Department of Defense and the Depart- ment of Energy, the Committees on Armed Services of the Senate and the House of Representatives. CHAPTER 41—TASK AND DELIVERY ORDER CONTRACTS Sec. 4101. Definitions. 4102. Authorities or responsibilities not affected. 4103. General authority. 4104. Guidance on use of task and delivery order contracts. 4105. Advisory and assistance services. 4106. Orders. § 4101. Definitions In this chapter: (1) DELIVERY ORDER CONTRACT.—The term ‘‘delivery order contract’’ means a contract for property that— (A) does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and (B) provides for the issuance of orders for the delivery of property during the period of the contract. (2) TASK ORDER CONTRACT.—The term ‘‘task order contract’’ means a contract for services that— (A) does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and (B) provides for the issuance of orders for the perform- ance of tasks during the period of the contract. § 4102. Authorities or responsibilities not affected This chapter does not modify or supersede, and is not intended to impair or restrict, authorities or responsibilities under sections 1101 to 1104 of title 40. § 4103. General authority (a) AUTHORITY TO AWARD.—Subject to the requirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task or delivery order contract for procurement of services or property. (b) SOLICITATION.—The solicitation for a task or delivery order contract shall include— (1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option; (2) the maximum quantity or dollar value of the services or property to be procured under the contract; and (3) a statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract. (c) APPLICABILITY OF RESTRICTION ON USE OF NONCOMPETITIVE PROCEDURES.—The head of an executive agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in section 3304(a) of this title applies to the contract and the use of those procedures is approved in accordance with section 3304(e) of this title. (d) SINGLE AND MULTIPLE CONTRACT AWARDS.— (1) EXERCISE OF AUTHORITY.—The head of an executive agency may exercise the authority provided in this section—